Etna City Zoning Code
ARTICLE VI
Signage
§ 615-22 Purpose.
The sign regulations, controls and provisions set forth in this chapter are made in accordance with an overall plan and program related to residential and nonresidential uses. The regulations, controls and provisions are intended to guide public safety, area development, preservation of lot values and the general welfare of Etna Borough. To maintain the Borough's established historic integrity, within all zoning districts all proposed signage, whether associated with new development, infill, replacement or redevelopment, shall seek to promote compatibility with existing surrounding development and activity. The regulations, controls and provisions are also intended to:
A.
Aid in traffic control and traffic safety.
B.
Lessen congestion of land and air space.
C.
Establish reasonable standards for nonresidential and other advertising through the use of signs in order to maintain and encourage business activity and economic development.
D.
Avoid uncontrolled proliferation of signs.
E.
Recognize the rights of the public in roads, streets, highways and the areas adjacent to those roads (sidewalks), streets, highways and sidewalks.
F.
Preserve the wholesome and attractive character of the Borough.
G.
To recognize that the general welfare includes a community plan that shall be attractive as well as healthy and safe, spacious, clean and well balanced in its growth and development.
§ 615-23 Sign packages, permits and fees.
B.
"Modify" shall mean a sign cabinet or sign face replacement because of a change in the nature of the business or a change in the name and/or ownership of a business, or a change to the size or replacement of supporting structures.
C.
Zoning permit application.
(1)
The zoning permit application shall contain a detailed drawing prepared to scale, including but not limited to all of the following information regarding the sign:
(a)
Type.
(b)
Size.
(c)
Site plan showing proposed location(s) on lot.
(d)
Building elevations showing proposed location of sign.
(e)
All sign dimensions.
(f)
Height of sign.
(g)
Grade level base of sign.
(h)
Sign materials.
(i)
Connections to ground plane (where applicable).
(j)
Color.
(k)
Sources of sign illumination and applicable details of the fixture and screening.
(2)
The Zoning Officer shall review all zoning permits for signs for completeness. Applications deemed to be incomplete shall be returned to the applicant with a description of missing and/or incomplete items. The application for a permit shall be signed by the landowner and/or developer of the lot. The tenant of the lot, if not the landowner and/or developer, shall be permitted to sign the permit application if the tenant presents notarized evidence that the tenant has permission to act on the landowner's and/or developer's behalf. This provision shall apply to:
(3)
Permits for signs.
(a)
Failure to conform to the conditions of a zoning permit for a sign, including any conditions and/or stipulations attached thereto, shall render such permit null and void.
(b)
Any permit issued by the Zoning Officer for erection, alteration, replacement or relocation of a sign shall expire automatically within six months of the date of issuance if work authorized by the permit has not been initiated and diligently pursued.
(c)
The Zoning Officer shall issue the required permits upon submission of an application that complies with all applicable provisions of this chapter and payment of the required fee.
(4)
Fees. Fees for zoning permits for signs shall be required and payable in such sums as the Borough Council may from time to time establish by resolution.
(5)
Other permits and applications required for signs. A building permit shall be obtained for any and all commercial sign installation or repair of any kind, including banners.
(6)
Permits not required. No permit shall be required for the following types of signs as described and defined in this chapter so long as they are in accordance with the chapter:
D.
Nonconforming signs.
(1)
Legally recognized signs.
(a)
Any sign lawfully existing at the time of the passage of this chapter that does not conform with the regulations of the zoning district in which such sign is located shall be considered nonconforming. Nonconforming signs shall not be enlarged, added to or replaced by another nonconforming sign, except an interchange of content or poster panels shall be permitted.
(b)
Nonconforming signs may be repaired or reconstructed, provided that structural alterations shall not be made which increase the gross surface area of the sign; however, nonconforming signs which are damaged or destroyed to an extent of more than 50% of their replacement cost at the time of destruction shall not be reconstructed except in conformity with the provisions of this chapter.
(c)
Nonconforming signs may continue, subject to the following provisions:
[1]
Signs which are nonconforming by reason of their absolute prohibition shall be removed within five years following enactment of this chapter or from any other date of the establishment of their nonconformity.
[2]
Signs which are nonconforming by reason of dimensions may continue in their present location until replacement or rebuilding becomes necessary, at which time a zoning permit will be required and the sign brought into conformity with this chapter.
E.
Procedure.
(1)
Sign installation.
(a)
All signs shall be installed in accordance with and shall meet applicable Borough building codes, and it the responsibility of the sign owner to so comply. Upon installation, the Zoning Officer (and Building Code Inspector for commercial signs) shall issue a certificate of occupancy.
(2)
Sign placement.
(a)
No sign shall be placed, erected or located so that:
[1]
It is pasted, stapled or otherwise attached to public utility poles, trees or official traffic control devices or it is painted on, attached to, or supported by a tree, stone, cliff or other natural object.
[2]
It is on a public lot or public right-of-way, unless erected by a governmental body or unless required and/or approved to be so located by order of a governmental body.
[3]
It is displayed on a vehicle parked and visible from a public right-of-way unless the vehicle is used for the normal day-to-day operation of a business on the premises. The intent of this provision is to prohibit the use of a sign on a vehicle to circumvent sign limits on the lot.
(b)
Sign fonts and logos shall not be legible from the rear of the sign.
(c)
Building signs in nonresidential zoning districts shall be placed on the front face of the building only, except in instances where the entrance door to the business is on the side or the rear of the building or the building is located on a corner lot.
(d)
Sign location. Except for permitted billboards or off-premises signs in conformance with this chapter, all signs shall be located on the premises which they are intended to serve.
(3)
Sign landscaping.
(a)
Ground signs.
[1]
For each visible sign face, the landowner and/or developer shall provide landscaping equivalent to 1 1/2 square feet for each square foot of sign area (both faces).
[2]
Landscaping shall consist of a combination of deciduous and evergreen trees, ornamental grasses, ground cover and/or small shrubs.
[3]
Turf grass shall not be considered as landscaping for ground signs. The height of any decorative base or architectural or landscape feature erected to support or ornament the sign shall be measured at average grade level of the ground to the top of the sign structure, provided the grade level is not deliberately elevated to increase the height of the sign.
(4)
Sign size.
(a)
The square footage of the sign shall refer to the graphics area of the sign facing.
(b)
Size of individually mounted letters or logos shall be measured as the area enclosed by the smallest single rectangle or square which will enclose all sign copy and logos.
(c)
Ground signs mounted as individual letters and/or graphics against a wall or fence incorporated in the landscaping of a building shall be measured from the outermost length and height dimensions of the sign.
(d)
Ground signs installed perpendicular to a street may be double faced with the allowable square footage on each face.
(e)
Double-faced signs that are erected at an angle to each other will be subject to the following as to whether they are intended as two signs or for all intents and purposes only constitute one sign:
[1]
For north/south, east/west orientation on the serving street. If the interior angle formed by the two faces of the double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.
(f)
Wall signs shall not exceed the width of the front of the building on which they are located and shall not protrude more than 18 inches from the facade on which the sign is mounted.
(g)
Gasoline service stations shall be allotted 10 additional square feet to display price-per-gallon figures, divided as the sign owner selects between logo and prices on the one ground sign permitted on the lot.
(h)
Automobile dealers are permitted one "used car" ground sign not to exceed 12 feet in height and 10 square feet in area, or the 10 additional square feet can be incorporated into the existing sign to advertise used cars, divided as the sign owner selects.
(i)
Sign copy mounted or painted on an illuminated surface (including awnings) or illuminated architectural element of a building shall be measured as the entire illuminated surface or architectural element which contains sign copy. A nonilluminated sign placed on an awning shall be measured as if it is placed on any other architectural element.
(5)
Sign maintenance.
(a)
Every permitted sign must be constructed of durable material, kept in good condition and repair and otherwise comply with the Borough Building Code and Property Maintenance Code. If the durability and/or condition of said sign is not repaired or improved within the time specified by the Zoning Officer, the Borough may remove the sign at the expense of the owner or person in possession of the lot on which the sign is located. The Zoning Officer will notify the property owner and/or the responsible party with a certified letter prior to any removal action being taken by the Borough, unless the said sign poses an imminent danger to persons or property.
(b)
Any damaged sign shall be repaired within 60 days, unless ordered by the Zoning Officer to be repaired or replaced and/or an imminent danger exists.
(c)
Any sign which has been damaged to such extent or installed in a dangerous manner that it may pose an imminent danger to the public, as determined by the Zoning Officer, shall be repaired or removed immediately by the property owner and/or other known responsible parties.
(d)
Any internally illuminated sign cabinets or sign panels which have been damaged shall remain nonilluminated until repaired.
(e)
Failure to comply with these sign maintenance requirements shall constitute a violation of this chapter.
(6)
Liability.
(a)
The provisions of this section shall not be construed as relieving or limiting in any way the responsibility or liability of any person, firm or corporation erecting or owning any sign, or resulting from the negligence or willful acts of such person, firm or corporation or any agents, employees or workmen in the construction, maintenance, repair or removal of any sign erected in accordance with a zoning permit issued hereunder. Nor shall issuance of such permit be construed as imposing on the Borough or its offices or employees, any responsibility or liability by reason of approval of any sign's structural integrity, construction methods, materials, electrical or mechanical devices or other components which shall be the sole responsibility of the person, firm or corporation erecting, owning, repairing or removing such sign.
F.
General regulations.
(1)
When applicable, a zoning permit (and building permit for commercial signs) shall be required for all proposed signs or modifications to existing signs.
(2)
Signs shall be considered as structures for purposes of location on a property, except that in a front yard between side lot lines they may be placed no closer than 20 feet to an adjacent highway right-of-way line.
(3)
The construction of each sign shall comply with applicable provisions of the Borough's Building Code.
(4)
No sign shall be permitted to hang from or be placed over a second sign, except that signs may be placed on, but not extended beyond, any vertical face of a marquee or canopy. This does not exclude separate placards from being independently attached to the same supporting structure as long as the total area of all combined does not exceed the area limitation.
G.
Prohibited signs.
(1)
Wheeled signs shall not be located on a property abutting any street within the Borough.
(2)
Banners and pennants, other than temporary event or displays and/or flags authorized by this chapter. Banners used as temporary signs (signs which would be temporary until a permanent sign is installed) are permitted as long as they are secured, not waving or fluttering, comply with maximum size permitted and are erected for no more than 20 consecutive days or removed immediately upon the installation of a permanent sign and shall meet all Borough building codes. National, state or municipal flags shall not be considered a banner or pennant.
(3)
Signs on trees, utility poles or official traffic control devices.
(4)
Signs on/or affixed to vehicles and/or trailers which are parked on a public right-of-way, public lot or private lot, other than temporarily for overnight storage on the site of a business or for maintenance, repair, loading, unloading or rendering a service at any location, which are visible from the public right-of-way and where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby lot.
(5)
Any sign that obstructs free ingress to or egress from doors, fire escapes, operable windows or denies access to them; nor shall a sign be attached to a fire escape.
(6)
Signs that, by reason of size, location, coloring or manner of illumination, obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads; signs that imitate traffic control devices or signs that make use of words such as "stop," "look," "one way," "danger," "yield," or any similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead, or confuse motorists and/or pedestrians or obstruct sight distances of traffic.
(7)
For lots in the C1 District, ground signs shall not be permitted in the front yard in between the front lot line and the front facade of the principal building if said building is closer than 25 feet to the right-of-way.
(8)
Misleading information. No sign shall be created which states or implies that a lot may be used for any purpose not permitted under the provisions of the chapter.
H.
Major types of permanent signs. Signs in all zoning districts shall be categorized according to the types described below and shall comply with the requirements for those types described in this section.
(1)
Sign Types, Table A.
Residential District | Nonresidential District | |||
|---|---|---|---|---|
C1 | All Others | |||
1 | Ground | • | See Subsection G(7) | • |
2 | Wall | • | • | |
3 | Projecting | • | • | |
4 | Awning | • | • | |
5 | Window | • | • | |
6 | Door | • | • | |
7 | Historic tablet | • | • | • |
8 | Plaque/ cornerstone/ nameplate | • | • | • |
• = Permitted sign type by district |
(2)
Sign Types, Table B.
Square Footage | Maximum Height | Clearance | Maximum Quantity Street Level | Maximum Quantity Upper Level | ||
|---|---|---|---|---|---|---|
1 | Ground | 1 square feet per 3 linear feet of frontage or a max of 12 square feet, whichever is smaller | 12 feet max; not to exceed the height of the lowest roofline | Only one such sign shall be permitted on each property, with the exception of those establishments having walls fronting on 2 or more streets, in which case the sign area for each street may be computed separately | Not applicable | |
2 | Wall | 2 square feet for each 1 linear foot of front building wall 1 square foot max per linear foot of front building wall length of the front building wall or length of that portion of such wall devoted to such establishment In no case however, may the total area of sign exceed 15% of the area of the wall (including windows and door area) to which they are attached | 1 wall and 1 projecting or 1 wall and 1 awning per building wall adjacent to a right-of-way | Not applicable | ||
3 | Projecting | Shall not exceed 8 square feet per side | The sign may not be less than 10 feet above the sidewalk or finished grade The sign may not project from the building more than 5 feet 10 feet clearance; 4 feet or 2/3 walk/width projection | 1 projecting or 1 awning | ||
4 | Awning | 18 square feet | 1 ground and 1 awning or 1 wall and 1 awning | |||
5 | Window | Shall be included in the wall sign computation, if their combined area exceeds 50% of the area of the window which they occupy | 2 | 2 | ||
6 | Door | 6 square feet | 1 | 1 | ||
7 | Historic tablet | 1.5 square feet | 1 per street facade; building directory not permitted | |||
8 | Plaque/ cornerstone/ nameplate | 4 square feet | 1 per building | Not applicable | ||
9 | Roof | |||||
(3)
Sign criteria.
(a)
Illuminated window signs shall include lighted signs placed inside a window facing the exterior of the building. A zoning permit shall be required for illuminated window signs.
[1]
Illuminated window signs shall not be placed above the ground floor of the building and/or more than 10 feet above grade level of the building.
[2]
Illuminated window signs shall not exceed a size of 16 square feet. Anything exceeding this size shall be deemed the building sign to which the business is entitled. Any combination of illuminated window signs grouped in an area not to exceed 16 square feet will be permitted.
[3]
Public utility signs required in connection with the identification, operation or protection of a public utility, provided the area of one side of any such sign shall not exceed eight square feet.
(b)
Lots with multiple street frontage. In all zoning districts, lots fronting on more than one street shall be permitted to have one sign type as defined by this chapter for each street frontage.
I.
Minor types of permanent signs.
(1)
The following types of signs are considered minor and are permitted for all land uses and within all zoning districts of the Borough:
(a)
Legal and/or lot notice signs.
[1]
Signs bearing legal and/or lot notices, such as "no trespassing," "private property," "no turnaround," "safety zone," "no unauthorized hunting," and similar messages, and signs posted by a governmental agency for traffic control or the safety of the general public.
[2]
The number, location and size of legal notification signs erected by public agencies shall be in accordance with the laws of the commonwealth. Legal notification signs posted on a private lot by the landowner and/or developers such as "no trespassing," "no hunting" and the like shall be limited to a surface area not exceeding two square feet.
[3]
Service signs, signs which are incidental to a use lawfully occupying the property upon which the sign is located, which sign is necessary to provide information to the public such as direction to parking lots, location of restrooms, or other such pertinent information.
[4]
Legal and/or lot notice signs shall not apply to the permitted signage allotment outlined in this chapter.
(b)
Memorial/historical plaques. Commemorative plaques placed by a recognized agency of the Borough, county, state or federal government.
(c)
Governmental signs. Signs erected by a governmental agency, including street signs and official traffic signs.
J.
Minor types of portable signs.
(2)
Provisions for use.
(a)
Portable advertising sign.
[1]
Portable advertising signs shall be permitted as an accessory sign, provided that they are clearly accessory to the nonresidential principal use.
[2]
One portable advertising sign shall be permitted for each storefront.
[3]
Portable advertising signs shall not exceed 15 square feet (including both sides).
[4]
Portable advertising signs shall not exceed four feet in height.
[5]
Portable advertising signs shall be nonilluminated.
[6]
Portable advertising signs shall be removed during nonbusiness operating hours.
[7]
Portable advertising signs shall not block required clear space or areas needed for pedestrian and/or vehicular circulation. There shall be five feet of sidewalk clear space for pedestrian traffic.
[8]
A portable advertising sign shall not block ingress or egress from any door, operable window or fire escape or deny access to them.
[9]
Lots with front yards or parking lots between the building and the street shall place the portable sign between the building and sidewalk, not on the sidewalk, and meet all other requirements of this chapter.
[10]
Portable advertising signs shall not be placed in a way that would be a distraction to vehicles or conflict with requirements of the American with Disabilities Act (ADA).
[11]
The placement of portable advertising signs shall meet all Americans with Disabilities Act standards and requirements.
(b)
Flag signs.
[1]
National, state or municipal flags of any size shall be permitted in all zoning districts.
[2]
Flag signs shall be permitted in all nonresidential zoning districts as minor portable signs, in strict compliance with the following requirements:
[a]
Flag signs shall be permitted as an accessory sign, provided they are clearly accessory to the nonresidential principal use.
[b]
Only one flag sign shall be displayed for each principal nonresidential use on the tract. For the purposes of this requirement, commercial enterprises under separate ownership within the same building shall be considered separate uses.
[c]
Flag signs shall be inserted on a wall mount properly affixed to the building within which such use is conducted.
[d]
The lowest portion of any flag sign projecting or hanging no less than seven feet above the public sidewalk or grade.
[e]
Flag signs shall not extend more than six feet from the facade of the structure or extend into a vehicular roadway, whichever is less.
[f]
All parts of flag signs, inclusive of flags, poles, staffs and all wall mounts and hardware, shall be maintained in a proper and safe condition so as not to constitute a hazard to persons or property.
[g]
Flag signs may be displayed only during business hours.
K.
Temporary signs. The following classes of temporary signs are permitted for all land uses and within all zoning districts:
(2)
Provisions for use of temporary signs.
(a)
Real estate sign (no zoning permit needed).
[1]
One nonilluminated temporary real estate sign shall be permitted on each lot, provided that the real estate sign shall not exceed a total of 12 square feet in surface area calculated for all faces when located on a lot with any residential use and shall not exceed 32 square feet calculated for all faces on any other lot.
[a]
Such sign shall be removed within 14 days of the sale or rental of the lot on which it is located.
(b)
Development sign (no zoning permit needed).
[1]
One nonilluminated temporary development sign shall be permitted on each lot, provided that the surface area of the sign shall not exceed 32 square feet in surface area calculated for all faces.
[a]
The development sign shall not exceed six feet in height when located on a lot with any residential use and shall not exceed 10 feet in height on any other lot.
[b]
Such development sign shall be removed within 14 days of the sale or rental of the last lot or completion of the proposed construction in the development.
(c)
Construction signs (no zoning permit needed).
[1]
Two nonilluminated temporary construction signs announcing the names of contractors, mechanics, artisans and other associated supporting entities engaged in performing work on the premises shall be permitted on a lot, provided that:
[a]
Each construction sign shall not exceed 32 square feet in area calculated for all faces.
[b]
The construction signs shall not be placed before work commences and shall be removed within 14 days of the completion of the work.
[c]
The establishment wishing to display such construction signs shall contact the Zoning Officer prior to displaying to give notice of the intent and the period during which the construction sign will be displayed.
(d)
Temporary event/display sign (zoning permit needed).
[1]
One nonilluminated temporary event/display sign, as defined by this chapter, shall be permitted, provided that:
[a]
A nonilluminated temporary event/display sign may be erected on the face of the lot's principal structure, provided that the area of the signs shall not exceed 32 square feet.
[b]
A nonilluminated temporary event/display sign if not displayed for a period longer than 30 days and removed no later than three days following the completion of the event that it promotes.
[c]
Landowners may place a nonilluminated temporary event/display sign in the public right-of-way and/or the front yard portion of their property, provided such signs do not interfere with motorist or pedestrian visibility or safety, and the sign is otherwise not of a type restricted by this chapter.
[2]
Portable signs shall be permitted as a temporary event/display sign and shall meet all following requirements:
[a]
One total portable sign shall be permitted for each lot.
[b]
Portable signs shall not exceed 15 square feet (including both sides).
[c]
Portable signs shall be nonilluminated.
[d]
Portable signs shall not block required clear space or areas needed for pedestrian and/or vehicular circulation.
[e]
Signs placed on sidewalks shall not be placed within five feet of a vehicular roadway.
[f]
Signs shall be placed so there is a minimum of five feet clearance of travel on sidewalks for pedestrian traffic.
[g]
Signs shall not block ingress or egress from any door, operable window or fire escape or deny access to them.
[h]
Signs shall not exceed four feet in height.
[i]
Any temporary event/display sign placed on public property is prohibited without the consent of the governing body.
[j]
All temporary event/display signs must list the owner or organization that is responsible for the signs. The name, address and phone number shall be placed legibly on the back of said sign.
[k]
Any temporary event/display sign found to be in violation where the sign is placed on public property will become the property of the Borough and be removed and disposed of at the expense of the person or organization that placed the sign and/or the property owner on which the sign is located.
[l]
Organizations, businesses or landowners and/or developers or any other persons found violating the provisions set forth within this section will forfeit their right to be issued a zoning permit for a temporary sign for a period of one year, commencing from the date said violation is found to have occurred.
(f)
Holiday decorations (no zoning permit needed). Holiday decorations displayed for holidays shall be exempted from the provisions of this chapter, except as where they may cause glare, interfere with traffic safety or in any other way cause a public safety hazard.
L.
Additional sign provisions.
(1)
Visibility. Signs in all zoning districts shall be located in such a position that they will not cause a hazard by obstructing visibility or distracting motorists, obscure a traffic signal or other traffic control device, or be placed in such a manner as to cause a hazard to pedestrians.
(2)
Illumination.
(a)
Illumination, when authorized by this chapter, shall be directed upon the sign face and not towards adjoining lots or streets, so that the source of illumination is not visible.
(b)
Internal illumination of signs shall be permitted.
(c)
Signage lighting which is placed on the front of any property fronting a street inside the Borough shall be stationary and constant in intensity and color at all times as not to cause motorist or pedestrian distraction.
(d)
Electronic variable message signs, meaning an electronically activated sign whose message content, either in whole or in part, may be changed by means of electronic programming, shall not be permitted to be placed at the front or side of any property fronting a street within the Borough, and when in conformance with this chapter shall be the same image or content without change for a period of 24 hours, with the exception of time-and-temperature displays.
(e)
The intensity of any source of illumination of any sign, whether indirect or internal, shall be controlled so as to not create glare and to be compatible with the intensity of ambient light and illumination on surrounding lots from dusk to dawn.
(3)
Removal of signs.
(a)
Whenever any business, activity or product on a lot is discontinued, vacated or no longer sold, all signs relating to the discontinued or vacated business shall be removed within 30 days of the vacation or discontinuance of the business or activity. The zoning permit shall become null and void when a business, activity or product on a lot is discontinued, vacated or no longer sold.
(b)
If the landowner and/or developer fail to remove the sign at the end of 30 days from the permit expiration date, the Borough shall be permitted to remove the sign at the owner's and/or developer's expense.